Looking for a Free Florida Final Payment Affidavit Form?

A Final Payment Affidavit is a legal document that verifies the completion of work and final payment on a construction project. It helps protect all parties by ensuring that all payments have been made and that no additional claims or liens are expected.

Contractors must furnish the property owner with a Final Payment Affidavit by virtue of their direct contract (i.e. in privity) with the owner. Regardless of whether the contractor subcontracts any or all of the work, the contractor in privity with the owner is still on the hook for furnishing the owner with the affidavit. For this reason, even trade contractors – as opposed to general contractors – must also create a Final Payment Affidavit if they contract directly with the property owner.

A Contractor’s Final Payment Affidavit must be sent before filing a lien or a lawsuit for nonpayment. Florida requires an affidavit to be sent to the owner five days before filing a lien or lawsuit. This gives the owner time to make the outstanding payment before a lien or lawsuit is filed.

While a Notice of Commencement is not required to file a Final Payment Affidavit, having one ensures that all preliminary notices and filings are properly handled, which can support the smooth processing of final payments.

Ensure accuracy in all details and comply with Florida’s legal requirements for final payment affidavits. Consulting with a legal professional or using a trusted form provider like SunRay can help ensure compliance and completeness.